Legislators in Alaska introduced House Resolution 9 on 02-25-09.Â It reads:
WHEREAS the Tenth Amendment to the Constitution of the United States reads,Â “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and
WHEREAS the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and
WHEREAS the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and
WHEREAS some federal actions weaken states’ rights protected by the Tenth Amendment to the Constitution of the United States; and
WHEREAS the Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
WHEREAS art. IV, sec. 4, Constitution of the United States, reads, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States reads, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; and
WHEREAS the United States Supreme Court has ruled in New York v. United States, 112 S.Ct. 2408 (1992), that the United States Congress may not simply commandeer the legislative and regulatory processes of the states; and
WHEREAS all states, including Alaska, find themselves regularly facing proposals from the United States Congress that weaken states’ rights protected by the Tenth Amendment;
BE IT RESOLVED that the House of Representatives hereby claims sovereignty for the state under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and be it
FURTHER RESOLVED that this resolution serves as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that areÂ beyond the scope of these constitutionally delegated powers; and be it
FURTHER RESOLVED that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to passÂ legislation or lose federal funding be prohibited or repealed.
COPIES of this resolution shall be sent to the Honorable Barack Obama, President of the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States andÂ President of the U.S. Senate; the Honorable Nancy Pelosi, Speaker of the U.S. House ofÂ Representatives; the Honorable Lisa Murkowski and the Honorable Mark Begich, U.S.Â Â Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress; and all other members of the 111th United States Congress.
(h/t Tom Mortensen)